On Friday 14 August, the Court of Appeal handed down judgment in the FX dispute CFH Clearing Limited v Merrill Lynch International [2020] EWCA Civ 1064. This appellate success was a comprehensive victory for the clear wording of standard ISDA documentation over creative legal arguments.
Despite, or even because of, the one-sided result, the judgment contains important lessons for market participants on the approach the English Courts will take to future interpretation issues in ISDA disputes.
Continue Reading English Court of Appeal Upholds Merrill Lynch’s Reliance on ISDA Standard Terms